Customer Support

RICHARD SENCHERY
V.
KWABENA AGYEI & ANOTHER

(2019) JELR 65293 (CA)

Court of Appeal 29 Apr 2019 Ghana
BriefBot icon

BriefBot Summary

Free

- This is an appeal against the decision of the Circuit Court, Kumasi dated the 10th of March, 2016. - The trial court ruled that the plaintiff is not entitled to his claims for declaration of title, recovery of possession, damages for tres

Case Details

Suit Number:CIVIL APPEAL NO.: H1/57/2017
Judges:OWUSU J.A. (PRESIDING), DZAMEFE J.A.,WELBOURNE J.A
Counsel:STEPHEN OPPONG FOR THE 1ST DEFENDANT/RESPONDENT,KWABENA ASANTE KROBEA FOR 2ND DEFENDANT/RESPONDENT,STEPHEN OSEI KOFI FOR PLAINTIFF/APPELLANT

MARIAMA OWUSU, J.A.

This is an appeal against the decision of the Circuit Court, Kumasi dated the 10th of March, 2016. In the said judgment, the trial court held amongst other things as follows:

“That is why the court cannot declare that plot Nos. 134 ‘A’ and 134 ‘B’ are the properties of the plaintiff. The plaintiff’s claim (a) falls as the court finds that 2nd defendant’s allocation of the disputed plots has no effect in law. With relief (a) crumbling, all the other related reliefs (b), (c) and (d) fall as well and therefore the court rules that the plaintiff is not entitled to his reliefs.

The court has been silent on the plaintiff’s claim that 1st defendant destroyed the disputed plots. 1st defendant destroyed plaintiff’s defence wall and blocks because the attempt by PW2 Prince Nicholas Nkrumah who described himself as a quantity surveyor to lead evidence on that claim failed miserably. It is however not in dispute that plaintiff paid consideration for the plots he bought from the 2

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.